Punjab-Haryana High Court
Jan Kalyan Samiti vs Shri Mehtab Singh Sehrawat on 7 September, 2010
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision : 07.09.2010
COCP No.2254 of 2009 (O&M)
Jan Kalyan Samiti ...Petitioner
Versus
Shri Mehtab Singh Sehrawat, Commissioner, ...Respondent
Municipal Corporation, Faridabad
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
Present : Shri Raman Sharma, Advocate,
for the petitioner.
Shri Manoj Sood, Advocate,
for Municipal Corporation, Faridabad.
Shri Aman Chaudhary, Addl. AG, Haryana.
HEMANT GUPTA, J. (Oral)
In an affidavit dated 09.08.2010 on behalf of Shri Raj Kumar, Financial Commissioner and Principal Secretary to Government Haryana, Urban Local Bodies Department, Chandigarh, it has been pointed out that the rehabilitation of jhuggi dwellers is planned in three phases. In 1st Phase, 1787 families located in Bapu Nagar, Kalyanpuri and Rahul Colony jhuggies shall be shifted and said Phase is likely to be implemented in 4 months time; in the 2nd Phase, construction of 1056 EWS flats is likely to be completed by the end of December, 2010 and rehabilitation is likely to be completed by 31.03.2011, whereas; 3rd Phase is likely to be implemented by 2015 subject to availability of land and finalization of Public Private Partnership (PPP) mode for which Expression of Interest (EOI) has been issued.
COCP No.2254 of 2009 (O&M) 2
Mr. Aman Chaudhary has produced a communication dated 06.09.2010 pointing out that EWS Flats are being allotted to the jhuggi dwellers on the monthly rent @ ` 300/- per month and after 15 years, it will stand allotted to such jhuggi dwellers. He further pointed out that in this process, Municipal Corporation shall recover only 12% of the total cost. Such flats have been constructed under Jawaharlal Nehru National Urban Renewal Mission (JNNURM) with 50% financial assistance from the Government of India and 20% from the State Government, whereas the Municipal Corporation has provided the land and 30% share in total project cost.
Though in the affidavit dated 09.08.2010, the reference is subject to payment of cost of flat by the jhuggi dwellers, but in the communication dated 06.09.2010, it is pointed out that in the 1st Phase, EWS Flats shall be allotted on the monthly rent @ ` 300/- per month for 15 years and thereafter, the flats shall be transferred.
Keeping in view the fact that the respondents had taken steps to rehabilitate the jhuggi dwellers and to remove encroachments on the public line, no further orders are called for in the present contempt petition. However, the respondents shall take necessary steps for expeditious construction of the flats and for rehabilitation of the jhuggi dwellers in accordance with law.
With the said observations, the contempt petition is disposed of.
Rule discharged.
07.09.2010 (HEMANT GUPTA) Vimal JUDGE